MINUTES REGULAR MEETING  HEATHI PLANNING & ZONING COMMISSION TUESDAY, SEPTEMBER 3, 2024 at 6:30 PM  ATTENDING:  James Tunnell, Chairman Wayne Gordon, Vice Chairman Thomas Bishop Harry Heinkele Mike Rask Joe Ruszkiewicz Bob Shaw  Chairman James Tunnell called the meeting to order at 6:30 p.m.  2. Public Comment  No one signed ini to speak ati the open forum  3.a Receive Report Regarding the August 27, 2024 City Council Meetings and discussion Chairman Tunnell acknowledged receipt oft the. August 27, 2024 and September 24, 2024 Council Meetings regarding P&Zi items covered att the. August 2, 2024 Planning and Zoning meeting. 3.b Discussion and Action Regarding the Minutes ofthe. August 6, 2024 Regular Meeting. MOTION: APPROVETHE MINUTES OF THE. AUGUST 6, 2024 MEETING.  ofsame.  MOTION MADE: SECONDED: APPROVED: ABSENT:  RUSZKIEWICZ RASK BISHOP  PASSED UNANIMOUSLY BY' THOSE PRESENT  Assistant City Manager. Aaron Adel introduced and welcomed David Gonzales as our new. Director of 6.b Case No. FP-2024-08: Considerand. act on a Final Plat for the Estates ofBristol Valley Addition containing 24 Single-Family lots and two common areas, being a 42.903- acret tractofland, and zoned (PD-SF) Planned DevelopmentDistrictforsingle-Family Residential uses, by Ordinance No. 191008A, generally located west of McDonald Road and south of Falcon Point Drive and being described as A0231 Antonio RodriquezSurvey, Tract No.'s11-02 and51-01, CityofHeath, Rockwall County, Texas. Director of Community Development David Gonzales stated that applicant Michael Joyce, Michael Joyce Properties, has requested approval of a Final Plat for Estates of the Bristol Valley, and the purpose ofthe: final plati is to construct: 24 single-famlyresidental home sites zoned(PD-SF): Planned Development District for Single-Family Residential Uses by Ord. No. 191008A. The Preliminary Plat was Lakewood! Meadows. Accessi isi from McDonald: Road and south ofFalcon Point Dr. The' Treescape Plan has been completed with the preliminary plat and will be reviewed at thei time of each building permit. The property is served by the City ofl Heath sewer facilities and will access sewer from an 8" linel located at the Falcon Point Subdivision. Thej propertyi is served by the Cityof Heath water system and will access water from an 8" water line located at the Falcon Point Subdivision. The city will participate in the upsizing of the water line from a 12" line to an 18" water line and will bei funded through the collection ofimpact fees. Grading and drainage plans willl be reviewed with thel building permit. Total Park Fees due are $84,963.12 prior to signing or filing the Final Plat. The Final Plat conforms toi the Zoning Ordinance: and the Subdivision Regulations and conforms toi the FutureLand  Community Development.  Rockwall CAD. No.'s 12918 and 13004.  Planning & Zoning Minutes - September 3. 2024  Page 1of4    Use Plan designation of Rural Estates and also confirms to the Preliminary Plat of Lakewood Meadows. Pers statel law, Plat reviewi isa ai ministerial function.. Applicant Michael. Joyce, Michael. Joyce Properties, 767Justin! Road, Rockwall, TX. stated thati the zoning was approved in: 2019 and clarified that these items are two separate applications because there are two separate owners. Staff recommends approval with the conditions that 1. the addition of a 30-ft x 30-ft Landscape Easement to Lot 1, Block L (Lakewood Meadows Preliminary Plat); 2, The addition of a 15-ft pedestrian Access Easement to common lot between Bristol Valley Road and the 100-year floodplain (Lakewood Preliminary Plat); and 3. the Development Agreement to the City Council with the Final Plat to include the design, layout, and specifications for the trail system for the property (Lakewood MOTION: APPROVE FINAL PLAT FOR THE ESTATES OF BRISTOL VALLEY  Preliminary Plat) and the upsizing of the waterline from 12" to: 18". ADDITION WITHTHREE STAFF CONDITIONS  MOTION MADE: SECONDED: APPROVED: ABSENT:  RUSZKIEWICZ RASK BISHOP  PASSED UNANIMOUSLY BYTHOSE PRESENT  Commissioner Ruszkiewicz stated that he would like to understand if there was a variance on the cul-de-sac: regarding ift the: firetruck can make the turn-around and also asked that staffs speak with 6.c Case No. FP-2024-09: Consider and act on al Final Plat for the Bristol Valley, Phase 1 Addition containing: 103 Single-Familylotsand seven common areas, beinga184.428- acrei tract ofland, and zoned (PD-SF) Planned Development: Districtfor Single-Family Residential uses, by Ordinance No. 040715A and Ordinance No. 191008A, generally located west ofMcDonald Road and south ofl Falcon Point Drive, and being described as A0231 Antonio Rodriquez: Survey, Tract: No.'s31 and 51-01, CityofHeath, Rockwall Director of Community Development, David Gonzales stated that the applicant has requested approval of a Final Plat for Bristol Valley, Phase 1 with the purpose of a Final Plat to construct 103 single-family residential home sites with a zoning of (PD-SF) Planned Development District for Single-Family Residential Uses by Ord. No. 140715A and Ord. No. 191008A. This zoning was approved in 2014 and 2019. The Preliminary Plats are. Lakewood Meadows and Falcon Point Phase3 Addition.. Access is from McDonald: Road and south of] Falcon Point Dr. The' Treescape Plan has been completed with the Preliminary Plat and will be reviewed at thei time ofbuilding permit. The property is served by the City of Heath sewer facilities and will access sewer from an 8" line located at the Falcon Point Subdivision and the property is also served by the City of Heath water system and will access water from an 8" water line located ati the Falcon Point Subdivision. The city will participate int upsizing the waterl line from: a1 12" linet to an 18" waterline and will bei funded through the collection of impact fees. Grading and drainage plans will be reviewed with the building permit. The Development Agreement: is required by the PD: for the design oft trail system and the upsizing of the water line from 12" to 18". The total Park Fees due are $364,633-39 prior to signing and filing the Final Plat. The Final plat conforms to the Zoning Ordinance and the Subdivision Regulations and also conforms to the Future Land Use Plan designation of Rural Estates and conforms to the Lakewood Meadows and Falcon Point Phase Three Preliminary Plat. Per state law, plat review is a ministerial function. Commissioner Ruszkiewicz clarified that this property was rezoned years ago and unless we. have a violation of an ordinance making this non-conforming of what was approved, Steve Wydra, 24 Falcon Point Lane - expressed concern because the property is a flood plain and there is not] proper water drainage and alsol had concerns regarding thei roads at Falcon Point. Jeff Cole, 1500 McDonald Road - stated that his lives on the largest property that is affected by this. His biggest concerns are the traffic at McDonald Road and the flooding. The road has Applicant Michael Joyce, Michael Joyce Properties, 767 Justin Road, Rockwall, TX stated that with both of these projects, we. have been working with the city regarding storm sirens. The city does not  the Park Board regarding the green space being dedicated as a Park.  County, Texas. Rockwall CAD No.'s 12965 and 13004.  we do not have al legal ability to denyi it.  become a cut-through from Forney and traffic is terrible.  Planning & Zoning Minutes September 3.2 2024  Page 2of4    have a tornado warning system and our development has agreed to provide a fully expandable computerized system, which is the same system as that of the City of Rockwall.. € Joyce explained the division of the property, flood control study for the drainage concerns and stated that man-made Staff recommends approval with three conditions 1. provide labels for the common areas indicating "To Be Maintained by the HOA"; 2. Identify the common area and label Lot 40X, Block F; and 3. Development Agreement to the City Council with the Final Plat to include the design, layout, and specifications for the trail system for the property (Lakewood Preliminary Plat) and the upsizing of MOTION: APPROVE FINAL: PLAT: FOR THE BRISTOL VALLEY, PHASEIADDITION  levies arej part ofit.  the waterline from 12" to1 18".  WITH THE THREE STAFF CONDITIONS.  MOTION. MADE: SECONDED: APPROVED: ABSENT: Executive Session  RUSZKIEWICZ GORDON BISHOP  PASSED UNANIMOUSLY BY THOSE PRESENT  At 7:16 p.m., Chairman Tunnell recessed the meeting to Executive Session (closed meeting) stating that in accordance with Texas Government Code Chapter 551, Subchapter D, the City Council recessed into Executive Session (closed meeting) to discuss the following: Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: Section 551.071: Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding: (i) zoning, subdivision regulations and At 8:12 p.m, Chairman Tunnell closed Executive Session and reconvened the meeting into open 6.a Case No. ZA-2024-02R: Conduct a Public Hearing and act on an application to change the zoning classification from (A) Agricultural District to (PD-SF) Planned Development: for (SF-Single Family Residential Uses for propertyaddressed 6717 SFM 549and further described: as' Tractis,A_RodriguezSurvey,Abstract: 231, CityofHeath, Rockwall County, Texas. (Rockwall CAD No. 12922.) The zoning change aims to facilitate the creation of a residential subdivision to contain no more than ten (10) Assistant City Manager. Aaron Adel stated that applicant, KFM Engineering & Design has requested az zoning change from (A) Agricultural District to (PD-SF) Planned Development for SF-43 Single Family Residential Uses on property located at 6717 S FM549. Notice of Public Hearing was mailed on August 16, 2024 and threei responses werei received, twoini favora andiino oppositionofther request. Adelj provided informationi regarding the casel beginning with thel length EDS ofthe Cul-de-Sacis600 feet and the requested length is 1,350 ft with intermediate turnaround and the radius conforms to Fire Code. Thej proposed development standards are1 10lots, 8 one-acre. lotsand two1.5-acrel lots. The density and dimension requirements conform to SF-43. The building standards are 100% masonry (max 20% stucco); garages arej j-swing or setback 75 feet; detached garages offset per SF-43. Fencing is all ornamental wrought iron. The streets conform to EDS and the cul-de-sac variance for length. The street lighting conform to Outdoor Lighting Ordinance. The sidewalks are 4 ft width; minimum 41 ftt to curb. The utilities are buried underground, 10 ft public utility easement behind sidewalk. The neighborhood signage entryfeatures require. ARB approval. Drainage standards conform to EDSwith City Engineer approval. Cul-de-sac standards conform to EDS and Fire Code with the exception of the cul-de-sac length variance requested. The proposed zoning change compliance with the Zoning Ordinance is a discretionary decision and should be made in conformance with the Comprehensive Plan. The proposed zoning change substantially complies with the Heath Code of Ordinances with the exception of the Cul-de-sac: Length Variance and the Front Setback Variance requested. Future  comprehensive plan standards and (ii) Case No. ZA-2024-02R. session stating that no action wasi taken in the Executive Session.  residential lots measuring at least one developable acre.  Planning & Zoning Minutes - September. 3. 2024  Page 3of4    Land Use Plan is designated as Rural Estates. The PD-SF43 Concept Plan is in substantial conformance with the intent of the Rural Estates designation. The current Ag District designation and the SFE-3.0 District would also conform to the designation. Following rezoning, a preliminary plat, final plat, and public improvement construction plans are required to create this subdivision. At that time, the applicant will demonstrate how the neighborhood will connect to the city's water and sanitary sewer system and comply with all engineering design standards. Sanitary seweri is available tot the site from a 10" line at Dennis Bailey and 549. Water is available toi the site. There are multiple water service lines in the vicinity: 12" and 8" lines at the intersection of Dennis Bailey and 549 and a 12" line along the opposite side of 549. The applicant's engineer will propose the best solution for the site tol be reviewed by the City Engineer in the construction plans submitted with the final plat. Jim Knight, KFM Engineering & Design was present stating that the prior meeting gave us some very significant direction that we: feel we. have met. Regarding water, wel have a connection point, at the front of the property and across 549 and have two connection points. Trail, landscaping, two detention ponds and maintained by the HOA and open to the public. Fire access on both  roundabouts, and we are down to one variance, thec cul-de-sacle length. HEARING to receive comments regarding the request. Chairman. James Tunnell opened the public hearing at 8:34p.m.  Allen Dowell, 6717 S. FM549, property owner = stated that he was very proud and pleased with  this design, it's a better fit for Heath. Tunnell closed thej publicl hearing at 8:35 p.m. Discussion and action regarding the request.  The Commission continued discussion and were pleased with the revisions. Commissioner Ruszkiewicz stated that there are substantial improvements but he would still like to see. largerl lots since most of the surrounding properties have larger lots. Staff recommends approval with the condition that the cul-de-sac length exceeding 600 feet requires a variance from the City Council. MOTION: APPROVE ZONING CHANGE FROM (A) AGRICULTURAL DISTRICT TO (PD-SF). PLANNED DEVELOPMENT FOR (SF-SINGLE FAMILY: RESIDENTIAL USES FOR PROPERTY. ADDRESSED 6717 SI FM 549 WITH ONE: STAFF CONDITION.  MOTION. MADE: SECONDED: APPROVED: For: Against: ABSENT:  GORDON HEINKELE PASSED FIVETOONE RUSZKIEWICZ BISHOP  GORDON, HEINKELE, RASK, SHAW, TUNNELL  Chairman James Tunnell adjourned the meeting at 8:471 p.m.  APPROVED:  59  NORMAI DUNCAN CITY: SECRETARY  Zoh  snsfuanell  CHAIRMAN  )  TECET TE  Planning & Zoning Minutes - September. 3.. 2024  Page 4of4